Firearms Control

Tony Cunningham Excerpts

Monday 20th December 2010 Commons Chamber

[Nick Herbert]

I agree with my right hon. Friend’s sentiments. It appears that the weapons used by Raoul Moat were unlawfully obtained, unlike those used by Derrick Bird. Later, I shall underline the importance of ensuring a proportionate response to such incidents while nevertheless recognising that some areas might need a tightening up of controls, albeit one that recognises the legitimate needs and recreations of those living in the countryside or elsewhere who take part in such sporting activities.

[Tony Cunningham (Workington) (Lab)]

The Minister has quite rightly paid tribute to the police. Will he join me also in paying tribute to the civil nuclear police, who played such a sterling and difficult role in those terrible times that we all went through?

[Nick Herbert]

I thank the hon. Gentleman for giving me the opportunity to do that. One of the things that was impressed on me when I visited Cumbria and received a briefing from the chief constable of the Cumbrian constabulary and his team was the role that the police at Sellafield—the civil nuclear constabulary—played in helping to respond quickly to the events as they unfolded. I also pay tribute to the hon. Member for Copeland and my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith), who have admirably provided a voice to their constituents. I know that in tight-knit communities, the effects of such events have been all the greater. The hon. Gentleman and my right hon. Friend have shown great leadership in their communities, particularly in Cumbria, where so many people lost their lives.

Although the police investigation in Cumbria is ongoing, and inquests in both Cumbria and Northumbria are yet to be held, a review carried out by Assistant Chief Constable Adrian Whiting, chair of the ACPO firearms and explosives working group, recently reported its findings. Mr Whiting has extensive knowledge of the subject matter, and we are grateful to him for his report. The review considered whether the decisions made and actions taken in granting and renewing the firearms and shotgun certificates issued to Derrick Bird were appropriate, or whether any actions could have been taken to prevent the tragedy from occurring. Mr Whiting found that the decisions made and actions taken by the constabulary on firearms licensing were reasonable. Mr Whiting did not identify any immediate changes to legislation that would have prevented those offences. However, he did make a number of general suggestions that he thought might improve public safety. Those included a number of suggestions that have been taken up by the Home Affairs Committee, to which I shall refer later.

It is clear that, following two events of such scale, lessons must be learned to ensure that, wherever possible, action is taken to help prevent such crimes from occurring again. It is crucial that proper controls are placed on those individuals who seek to own a firearm. However, it is also important to acknowledge, when discussing this issue, that licensed firearms are only one side of the debate. It is generally acknowledged that the vast majority of guns used in crime are illegally held.

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[Diana Johnson (Kingston upon Hull North) (Lab)]

I begin by echoing the Minister’s comments about the victims and their families who were caught up in the dreadful events over the summer in Cumbria and Northumbria, and by paying tribute to the wider communities in those areas who went through very distressing and upsetting times. I also commend the work of the emergency services, not only when the events took place, but in the following weeks and months. In particular, I pay tribute to David Rathband, who was so tragically injured by Moat in the Northumbria shootings.

[Tony Cunningham]

My hon. Friend rightly pays tribute to the emergency services, but will she also pay tribute to the Churches in my area? The people at that time needed a lot of spiritual support. It was offered by the Churches, and I thought they did a fantastic job.

[Diana Johnson]

I am very happy to pay tribute to the Churches, and I also know that my hon. Friend spent a great deal of time working with the communities and making sure that the families and victims had everything they needed.

This debate is timely. The Select Committee on Home Affairs report on firearms control was published at one minute past midnight. It examines in detail whether, in the light of the dreadful events in Cumbria and Northumbria earlier in the year, we need to change our firearms legislation. We must remember, of course, that not all the reports on the events in Cumbria and Northumbria are available. Although we have had less than 12 hours to consider the Committee’s findings and recommendations, it will be useful for us now to start to set out some initial thoughts about the report and to raise some of the issues that will certainly impact on this policy area in the weeks and months to come.

Having read the report this morning, I commend it as excellent. The Committee undertook extensive deliberations and produced some thoughtful recommendations. I appreciate that the Government will wish to consider them carefully before responding fully in due course. I also note the strong feeling on both sides of the firearms control debate, and I thank those groups and organisations who have provided helpful and thorough briefing material. We should also note that changes to firearms control legislation are often a result of tragic events such as Hungerford and Dunblane. This is clearly a very sensitive issue.

I read with great care the report of the debate on the Cumbrian shootings that was held in the House at the instigation of my hon. Friend the Member for Copeland (Mr Reed). He has been unanimously praised for the leadership he showed in his community both at the time and since. I pay tribute to him as well, and to other hon. Members from that area whom I know also worked tirelessly at that time. I took particular note of my hon. Friend’s comments about reviewing firearms control in the wake of the tragedy in his constituency. He felt that we should not have a knee-jerk reaction, and that it was important to collect all the facts and consider all the evidence before reaching conclusions. That is the right approach. There is agreement across the political spectrum that there must be mature consideration of the key issues in respect of firearms control. My hon. Friend also made telling remarks about the media, and their portrayal of what had happened in his community. The Select Committee also commented on that.

Unfortunately, my hon. Friend has had to leave the debate early tonight, and he has made clear his concerns about its being scheduled just a few days before the House rises for Christmas. It should also be noted that he is on paternity leave at the moment, but he felt so strongly about this issue that he made a special effort to come to the House. I know he will look to the Government to respond to the Select Committee’s recommendations by way of an oral statement in the House—rather than a written statement—so that there can be further debate on these issues.

Let me say a little about the historical context to our debate. Since the 1920s, we have used legislation to control firearms. That is now set out in 34 pieces of legislation. The main one is the Firearms Act 1968, which, as the Minister said, has been amended many times. It is widely agreed that we now have some of the strictest gun controls in the world.

Shotguns are used for pest control, game shooting and target shooting. There are 1,366,082 shotguns in England and Wales, held on 574,946 certificates. Applications are made under section 2 of the 1968 Act. There are also 138,728 firearms certificates, which cover 435,383 guns in England and Wales, including barrels and sound moderators. The majority are sporting rifles that are used for pest control, deer stalking and target shooting. The application process for firearms, under section 1 of the Act, is different.

We must recognise the important role of shooting as a legitimate recreational activity in this country. In 2005, the Labour party set out its charter for shooting, which recognised that there was no connection between legitimate sporting shooting and gun crime. We also know that the sport of shooting is a £1.6 billion industry, in which 70,000 people are employed in full-time jobs. I note from the Select Committee report that it, too, recognises that thousands of people use firearms in recreation and in their employment, and that it in no way wishes to restrict such activity. However, it is always helpful to test the effectiveness of firearms control and review current thinking on it.

After the shootings by Derrick Bird on 2 June, when he killed 12 people and injured a further 11, the Association of Chief Police Officers was asked to produce a report, as Derrick Bird was in lawful possession of firearms. The report’s remit was to look both at that specific case and any wider issues. It was produced by the ACPO lead on firearms licensing and chair of the ACPO firearms and explosives licensing working group, Assistant Chief Constable Adrian Whiting, and was published on 2 November.

The report made three key recommendations. First, it recommended the establishment of formal links between GPs, mental health services and police forces to enable medical professionals to alert the police if they have concerns regarding certificate holders. Secondly, it said the cost of any GP report should be borne by the applicant. Thirdly, it recommended that formal approaches should be made to members of an applicant’s family at the grant and renewal of the certificate. It is clearly very helpful to have this report as a further source of information for the Select Committee and the Government to reflect upon.

Let me now address a few of the specific recommendations in the Select Committee report. First, on the role of GPs and their involvement with firearms control, the Committee welcomed the recent agreement between ACPO and the British Medical Association that the police will alert GPs to every new and renewal licence application. That is an important step in ensuring that the licensing authority receives accurate medical information about applicants. It carries on some of the work started under the previous Labour Government, and we support the change.

It is interesting to note that an applicant may also approach their GP as a person of good character to act as a referee or counter-signatory for a certificate application. If a GP becomes worried about his patient, the BMA has issued guidance that doctors should

“be prepared to breach confidence and inform the appropriate authorities if necessary.”

That is very important in respect of those who have held licences for some time.

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[Diana Johnson]

I hope that the Government will consider that very point when they consider the Committee’s recommendations. We need to wait to see how they will respond to the issue. Interestingly, the Minister for Policing and Criminal Justice talked about the need for a proportionate response and recognised that young people are involved in many positive activities involving shooting, for example, through the Scout Association, which holds an annual rifle competition. In addition, the use of target shooting activities is increasing in the schools sector, Sport England provides funding for shooting and the activity is also recognised by the Duke of Edinburgh’s scheme.

Let me now deal with the recommendation relating to criminal activity. Concerns have been raised that people with criminal convictions have been able to obtain certificates. It appears that people with suspended sentences are not prevented from obtaining a certificate, and the Committee agreed that that needs to be examined. The Committee also recommended that those who receive shorter custodial sentences should not be allowed to possess firearms, and we agree that that should be considered seriously by the Government. The Committee also noted that police licensing officers are now encouraged to take into account intelligence about criminal behaviour that has not resulted in convictions, as well as convictions resulting in non-custodial sentences, when considering whether to grant a licence. The Committee felt that it must be made explicit in police guidance that officers are expected to take such behaviour extremely seriously, particularly in cases of bind-overs, arrests and police call-outs for domestic violence, and that accumulation of convictions should also be carefully examined.

That leads me to the recommendation about the further consultation that should be undertaken when an application is made for a shotgun or firearm licence. The Committee suggested a requirement to consult the domestic partners of applicants on whether to grant a licence in order to try to identify whether there are domestic issues of which a firearms licensing officer should be aware. I noted when I read the report that the Committee was particularly concerned about the use of firearms in domestic violence incidents. Evidence was given to the Committee about a system introduced in Canada, whereby the current spouse or recent ex-spouse is required to sign the application form of any individual applying for a firearms licence. Any failure to do so prompts an additional level of investigation by the registering authorities. Since the system was introduced the gun murder rate of women has reduced by 40%. The ACPO lead has also said that adults in a domestic relationship should be inquired of when an application is made for a firearm or shotgun. The Opposition believe that this recommendation merits serious consideration by the Government, and I was particularly pleased that the Minister talked about examining the matter and making careful adjustments, where appropriate.

The Committee recommended that fees should be raised to cover the costs of licensing to ensure that funding cuts do not jeopardise the rigour of the licensing process. We know that police forces are facing 20% cuts to their budgets over the coming years. Clearly this type of work is one of those areas that the report by Her Majesty’s Revenue and Customs was referring to when it said that although only 11% of police officers were available to the public, 89% were performing important work on behalf of the public, and I am sure that the Minister will agree that dealing with firearms licensing falls into that category.

[Tony Cunningham]

My hon. Friend will be very much aware that Cumbria police authority will be announcing strict and deep cuts. I hope that she agrees that one of the cuts that we do not want is in the number of officers dealing with firearms licensing.

[Diana Johnson]

My hon. Friend makes a very important point. Shooting organisations have already expressed concern about the impact of spending cuts on the rigour of the licensing process and they worry that they are going to see an erosion of the number—at least—of firearms inquiry officers and firearms licensing managers. The organisations gave evidence to the Committee suggesting that the consistency, quality, efficacy and general speed of licensing may well suffer. Those concerns were shared by Mr Whiting, who told the Committee that he had already had to recommend to chief officers that things such as home visits, which are part of our national policy on both grant and renewal, are conducted in person. A number of forces conduct these cases by telephone and, and sometimes, by post. He is concerned that such arrangements will be placed under increasing pressure in the forthcoming climate in which policing will operate. He does not foresee a wholesale collapse, but he did say that there is a risk of erosion in respect of some of the practices that are currently recommended. Such important work will need to be protected and the Committee has highlighted one way of doing it: by increasing fees.

Discussion was also had about the need to iron out the bulge in renewals, which has come about through the implementation of previous legislation. The suggestion is to extend the life of a proportion of certificates over the course of a number of renewal cycles. We understand that police representatives have made proposals on how such a system might operate, with estimated savings of £2 million, which have not, thus far, been taken up. The Opposition feel that the Government should consider urgently an opportunity to make such savings.

The report also addressed air weapons offences. The Committee recognised that airguns do not require licences yet cause a great many problems for communities. There is legislation governing their use which the Committee feels could be better enforced, and the Opposition would also support better enforcement.

As for the recommendation on legislation on firearms control, it is accepted that there is a great deal of such legislation. The Committee calls for a simplified, clear and consistent approach. One suggestion would be to have one type of certification for all firearms. The Committee recommends pursuing stronger provisions for section 1 applications, but that will obviously be a matter for the Government to consider.

Interestingly, the Committee also cites the experience in the US of the application process for handguns in Washington DC, and that seems to be far more comprehensive in its approach, requiring fingerprints and compulsory training. It is interesting that the Prime Minister says that he will give careful consideration to the possible consolidation of legislation. The Committee’s recommendations included regulations for miniature rifle ranges and the report identified problems with deactivated and replica guns, too. The Committee rejected the idea of a reduction from five-year certificates to two.

In conclusion, the report is well-researched and takes a sensible approach. It contains a sensible analysis of what is working well and of what possible changes need to be considered. I look forward to the Government’s response and, linked to this, their publication of their crime prevention strategy. I reiterate that I hope we will be able to keep to the timetable of two months for the Government’s full response and that an oral statement on this important issue will be made in the House so that there will be an opportunity for all hon. Members to question the Government on their approach to the report’s recommendations.

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[Keith Vaz (Leicester East) (Lab)]

It is a great pleasure to follow the hon. Member for Suffolk Coastal (Dr Coffey). I am afraid that I do not have her command of Latin or popular music, but I listened with great interest to what she said. Judging by the number of Members present, I am sure that others will make an equally important contribution to this very important debate.

It is not often that on the very same day that Parliament produces a report the Government hold a debate on the same subject. I have not experienced this kind of choreography before, but I am delighted that they have chosen to have this debate so soon after the Select Committee on Home Affairs published its report. I confess that when the Committee heard about the debate being held on 20 December, we worked very hard to make sure that our report was ready for the House to consider, because it would have been rather odd to have published it after the debate. I know that some who represent constituencies in the relevant area have had concerns about the timing of the debate, but the Government pledged to hold it by a certain time and they have kept their promise—obviously, they could not hold it tomorrow because of the winter Adjournment debate.

The debate gives us an opportunity to consider what has happened in this tragic year in which so many communities were touched by the violence of Raoul Moat and Derrick Bird. It is right that the Minister began and the shadow Minister, my hon. Friend the Member for Kingston upon Hull North (Diana Johnson), completed the sequence of paying tribute to all those who have been involved in this matter, including the emergency services and the relatives who gave evidence to our Committee in such a passionate and eloquent way.

This is a debate that we would rather not have, as we would rather consider these matters when there had not been a tragedy of this kind. However, the Committee’s report was not—I hate to use this word and everyone says that we should not use it—a knee-jerk reaction. We were keen not to react in that way and we wanted to review the previous Select Committee report on this subject, which was 10 years ago. It was appropriate to reconsider the issue and to draw on the terrible experiences of Cumbria and Northumbria.

[Tony Cunningham]

I should like to pay tribute to all the emergency services, but specifically to the health workers who suffered as a result of the shootings in west Cumbria. Perhaps hon. Members can imagine dealing with the consequences of shotgun wounds and bullet wounds: it must have been absolutely horrific, traumatic and terribly difficult for the doctors and nurses to deal with. I wanted to put on the record my tribute to their work.

[Keith Vaz]

My hon. Friend is absolutely right to do so. In an emergency of this kind, many people are involved in alleviating the pain and distress of members of the local community—the list is endless. I want to pay tribute to my hon. Friend the Member for Workington (Tony Cunningham), to the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith) and to my hon. Friend the Member for Copeland (Mr Reed), who wanted to stay for the entire debate but had a long-standing commitment that he could not break. The debate was scheduled after that commitment was made. We all remember the way in which my hon. Friends the Members for Copeland and for Workington and others represented the views of their constituents day after day on a 24-hour basis, and we all hope that we will never be in that situation in our own constituencies.

This is, in a sense, a House of Commons day. There was not a single area of disagreement between the two Front-Bench teams. There are points that Members in all parts of the House will want to emphasise, but there is agreement that we should look carefully at the reports that have been produced. I pay tribute to members of the Select Committee. Again, I apologise on their behalf. Most of them very much wanted to be present for the debate today but the severe weather and constituency commitments have prevented them from attending. They worked hard to make this a unanimous report where consensus was the order of the day. The report is not intended to have a go at any group in society.

I knew very little about firearms when I began the inquiry. That is why I was delighted to be involved in it—not delighted for the reasons that I mentioned, but pleased to gain some expertise in an area that I know nothing about. As Members of Parliament, we are supposed to be experts on everything, and it is not often that we say we know nothing about a subject. However, I knew nothing about firearms. The nearest I had got to a firearm was a water pistol when I was much younger.

I thank the hon. Member for Carmarthen West and South Pembrokeshire (Simon Hart) who was extremely helpful to the Committee in a number of ways and to me personally. We asked that firearms be brought into the Committee so that we could look at the various types. Sometimes it is difficult for lay members—I am a lay member—to understand the difference between a section 1 firearm, a shotgun, a pistol and an air weapon. The hon. Gentleman arranged for that to happen. I thank the Serjeant at Arms and the Deputy Serjeant at Arms for allowing us to bring the weapons into the Committee. I think we gave them a bit of a fright when the firearms came in, but it was important for us to look at them.

I valued immensely my visit to Bisley, where I met so many talented individuals who had represented our country in shooting at the highest level and had won gold medals at the recent Commonwealth games. They were not bulky men with big muscles, though there were some of those about—not members of the Committee. Some were women, who had shot so successfully. One of them hung all four of her gold medals around her neck. I no longer need to be convinced of the importance of the sport. When we look at the figures, showing the hundreds of thousands who apply for a licence in good faith, with excellent characters, and get their licences, we know that we must be careful if we try to change the law.

That is not what the Committee suggested to any great extent. Like the hon. Member for Suffolk Coastal, we suggested measures that we think can improve the situation. Hindsight is a wonderful gift and none of us possesses it. We do not know what is going to happen in the future. It is terribly difficult for the Government of the day, having had so many difficulties to deal with in the events that took place in Cumbria and Northumberland, to call it right. If anything happens in the future, and the odds are that it will—the evidence before us suggested that it will happen at some stage—we do not want people to be blamed for having failed to take action.

Some of our proposals are direct recommendations: we made 22 recommendations. Some are an invitation to the Government to consult further—for example, on the age at which children may apply for a licence. I was confused about that, as were the Clerks and members of the Committee. Therefore, for the convenience of the House, we set out the current law in a table that appears on page 42 of the report.

As the table shows, it is possible to apply for a licence for a shotgun at any age, but for a section 1 firearm, one can apply only from the age of 14. One may use a shotgun under supervision at any age, but, for a section 1 firearm, in certain circumstances, it is from the age of 14 with a certificate. To be in possession of a firearm unsupervised, the minimum age is 15 for a shotgun and 14 for a section 1 firearm. To purchase or hire a firearm and/or ammunition, the age is the same—18.

We did not suggest an age to the Government. We recommended that the Government look at the various ages. They may decide that there is no empirical evidence that a change is needed. However, we suggested a number of areas for consideration: the age at which an individual is permitted to shoot under supervision in the controlled environment of a shooting range, the age at which an individual is permitted to shoot under supervision outside such a controlled environment, and the age at which an individual is permitted to shoot unsupervised.

No age is specified in the report, although Mr Whiting said when I pressed him that he thought it should be 10. That was under pressure from the Chairman seeking to get him to alight on a particular figure. I was very surprised that there were 26 children aged 10 who had shotguns, even though I have a 15-year-old son who is in the Duke of Edinburgh’s award scheme. When he heard that I would be speaking about the subject, he said, “You’re not going to ban us from doing this, are you?” I said, “I’m not going to ban you from doing anything, apart from being on the computer for too long.”

We have asked the Government to consider the question of age. The hon. Member for Suffolk Coastal need not fear. We are not coming to a conclusion; we are just saying that the matter requires further thought.

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[Keith Vaz]

The hon. Gentleman is right. That is why we batted the issue over to the Government for them to look at. I know that the Under-Secretary of State for the Home Department, the hon. Member for Old Bexley and Sidcup (James Brokenshire) is the parent of two very young children, because they are regulars at the Westminster kids club party. Any parent would be concerned if they were not in the know about what is going on. We are not saying, “Let’s make it 10.” Let us consider the issues and let the Government perhaps come back with a view in the two-month timetable that they have given themselves.

My second point is about the 34 pieces of legislation covering this area of policy. It is a no-brainer that we need to consolidate. We need to make sure that the police and those responsible for holding such firearms know the law, which needs to be clear, so that nobody is under any misapprehension. That is why clarity of law and consistency are extremely important, and that is an easy one for the Government, as the Minister hinted in his very careful speech from the Dispatch Box.

There was a debate in the Committee about the role of GPs, but we concluded that we can live with the reasonable deal struck between the British Medical Association and the Association of Chief Police Officers—and therefore the Home Office. We should not try to interfere in the judgment of a general practitioner. Let the general practitioner alert the authorities if he or she feels that it has to be done. GPs will be very careful when they write their references or provide any information to those making such decisions, because they will not want to make mistakes. They also have a duty of confidentiality, however. The Committee was reluctant to intervene on that duty, but we felt it necessary to bring it to the attention of GPs themselves, if they needed reminding, because they have a crucial role in ensuring that proper consideration is given when licences are granted.

[Tony Cunningham]

Before my right hon. Friend concludes, will he comment on the Committee’s report concerning the media? My hon. Friend the Member for Copeland (Mr Reed) was extremely disturbed by the way in which the media covered the terrible shootings in west Cumbria.

[Keith Vaz]

Yes, we considered that issue in the inquiry, and it is in the report, although I cannot remember the exact paragraph. With such tragic events, the media tend to go to the scene, and there is 24-hour coverage, which understandably upsets local residents. One witness, it might have been Professor Shepherd or the witness from the health authority—

[Tony Cunningham]

Professor Ashton

[Keith Vaz]

Professor Ashton, I thank my hon. Friend. Professor Ashton said that the constant media coverage might encourage others to do the same, so one has to be very careful not to glamorise what happens.

The report has a section on key facts, and I shall read just a couple. The most recent figures show that there are 138,728 firearm certificates, covering 435,000 firearms, and 574,946 shotgun certificates, covering 1.366 million shotguns. That is a huge number, but the number of cases, tragic though they are, in which legally held firearms have resulted in homicide, deaths or injuries, is very small indeed. That is not to excuse the number or to say it is not important, but it needs to be seen in proportion to the number of guns that are about.

So the Committee has not sought to condemn or criticise; all it has sought to do unanimously is to make suggestions, so that, by closing the loopholes and ironing out the creases, our already tough law becomes not necessarily tougher, but slightly better. It is up to the Government to adopt the measures that we suggest. They have given themselves a two-month timetable, for which I am most grateful, and we look forward to re-examining the issue.

We have decided to publish our recommendations in a grid on our website—we decided to do that after the hon. Member for Carshalton and Wallington (Tom Brake) left the Committee—and, as soon as the Government meet those recommendations, we give them a tick. So far, in our three reports, we have totalled about 60 recommendations, and there are 22 in the report before us. We look forward to ticking as many as possible. If we cannot tick them, and if the Government have a better measure to put in place, we will give them the credit they deserve. The Minister and the Government have handled the matter sensitively and carefully and the Opposition Front Benchers have dealt with it in an equally proper way. This is the House at its best, and I hope that the debate continues along those lines.